 | elcome
to
our "legalese"
page, the terms of use
of our website, and the terms
of
service relating to our pixel ad site in general.
Most of these terms
are the same as you find on any website. Some are only unique
to
our
site. |
Either way,
we want them here for you
to show that we comply with the
FTC and because we want you to know we are serious about this website,
and that it *will* be here
tomorrow, and the days and weeks after that, and for many years to come.
We have a good reputation online, and intend to
keep it
that way (or make it even better) and that's why you get more when you
buy from any of our family of websites... we like to over-deliver.
It's fun and it keeps our customers very happy!
We also want to reiterate the submission
guidelines on this pixel advertising site. We are a
law-abiding, family-oriented
website and we will ONLY allow the same kinds of
advertisers to abide here. (That means NO Adult
Advertising, NO Porn, No Exploitation of Children (or anyone else), NO
Hate, NO Warez, NO Cruelty, Torture, OR Abuse of any animal or person -
in other words if it's unsuitable for your entire family, all ages, all
religions, and viewable by all law-abiding, decent people, then it
definitely does NOT belong here at AffordaPixel.com) If someone tries to bypass our
policy in any way - we have several ways of handling it and the abuser
will lose all privileges and monies invested in his/her ad, upon
discovery, as well as be banned. More on this below. There is also more about this on our FAQ page.
Ok, here's the in-depth version of our Website Agreement, TOS &
Disclaimers:
AffordaPixel™ Web Site
Agreement
The
AffordaPixel.com Web Site (the
"Site") is an online information
service provided by AffordaPixel™ ("AffordaPixel.com "),
subject to your compliance with the terms and conditions set forth
below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING
OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU
DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
MAY NOT ACCESS OR USE THE SITE. AffordaPixel.com MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT
ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO
BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR
USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF
THE MODIFIED AGREEMENT. 1.
Copyright, Licenses and Idea
Submissions.
The
entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are AffordaPixel.com, its affiliates or other third party
licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE
MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download portions of material from
the different areas of the Site solely for your own non-commercial
use provided that you agree not to change or delete any copyright or
proprietary notices from the materials. You agree to grant to
AffordaPixel.com a non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly display and publicly
perform any materials and other information (including, without
limitation, ideas contained therein for new or improved products and
services) you submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to AffordaPixel.com by all
means and in any media now known or hereafter developed. You also
grant to AffordaPixel.com the right to use your name in connection with
the submitted materials and other information as well as in
connection with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse against
AffordaPixel.com for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to
AffordaPixel.com.
TRADEMARKS.
Publications,
products, content or services referenced herein or on
the Site are the exclusive trademarks or servicemarks of
AffordaPixel.com and or the contributing advertisers. Other product and
company names
mentioned in the Site may be the trademarks of their respective
owners. All innate and related to AffordaPixel.com website
graphics are the exclusive property of Donna
Maher and/or Bizunlim Graphic Artistry - and constitute intellectual
property with a fine of $50,000 per incidence for theft of graphics or
web design copyrighted by the registered advertiser clients and
BizUnlim or our associates.
2.
Use of the Site.
You
understand that, except for information, products or services
clearly identified as being supplied by AffordaPixel.com,
AffordaPixel.comdoes not operate, control or endorse any information,
products or
services on the Internet in any way. Except for
AffordaPixel.com-
identified information, products or services, all information,
products and services offered through the Site or on the Internet
generally are offered by third parties, that are not affiliated with
AffordaPixel.com a. You also understand that
AffordaPixel.com cannot and
does not guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
YOU
ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR
USE OF THE
SITE AND THE INTERNET. AffordaPixel.com PROVIDES THE SITE AND
RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF
TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND AffordaPixel.com SHALL NOT BE LIABLE FOR ANY COST
OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
AffordaPixel.com DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE
WILL BE CORRECTABLE IMMEDIATELY IF AT ALL.
YOU UNDERSTAND FURTHER
THAT THE PURE NATURE OF THE
INTERNET CONTAINS MANY UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU
(ALTHOUGH *THIS* SITE IS FAMILY-ORIENTED IN NATURE AND DOES *NOT* EVER
PROMOTE SUCH ADULT LINKS). YOUR ACCESS TO SUCH MATERIALS IS AT YOUR
RISK WHENEVER YOU TRAVERSE THE INTERNET IN GENERAL.
AffordaPixel.com HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS, SHOULD THEY INADVERTENTLY
APPEAR AFTER THE FACT. HOWEVER.... IMMEDIATELY
UPON DISCOVERY OF ANY TYPE OF ADULT, ILLEGAL, OR UNDESIRABLE LINKS
(SUCH AS A
WEBMASTER SUBMITTING SOMETHING ACCEPTABLE AT THE TIME, AND LATER ON
CHANGING THE URL's END DESTINATION TO SOMETHING WE WOULD FIND
UNACCEPTABLE)
WE WILL REMOVE THE OFFENDING LINK(S) AND BAN THE
PERPETRATOR(S)
FOREVER FROM THIS SITE. FURTHERMORE, THEY WILL LOSE WHATEVER
DOLLAR AMOUNT(S) WHICH THEY HAD INVESTED IN THEIR LINK(S) AND
REGARDLESS OF THE DOLLAR AMOUNT, IT WILL
BE IMMEDIATELY CONSIDERED AS A NON-REFUNDABLE CHARITABLE DONATION. IF
*YOU* EVER DISCOVER ANY KIND OF LINK OR GRAPHIC YOU DEEM TO BE
OFFENSIVE
LINK HERE, AT ANY POINT IN TIME, WE ASK THAT YOU CONTACT US IMMEDIATELY
SO WE CAN INVESTIGATE YOUR CLAIM.
TO ENSURE SECURE AND ACCEPTABLE LINKING AND GRAPHICS, WE
MANUALLY MONITOR EACH AND EVERY SUBMISSION AND EVERY CHANGE MADE BY THE
ACCOUNT OWNERS, AND WE DO NOT TOLERATE THOSE
WHO ABUSE OUR GENEROSITY NOR THOSE WHO
REFUSE TO FOLLOW OUR CLEAR, CONCISE TERMS
OF SERVICE OR OUR F.A.Q.
INFORMATION. REGARDING AFFORDAPIXEL.COM'S FAMILY-RATED
GUIDELINES AND 'CLEAN' WEBSITE POLICIES.
LIMITATION
OF LIABILITY
IN NO EVENT WILL AffordaPixel.com BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR
ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF AffordaPixel.com OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE
AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, AffordaPixel.com LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW. SHOULD ONE EVER CHOOSE TO PURSUE
LEGAL
ACTION, LITIGATION MUST BE TAKEN WITHIN A 50-MILE RADIUS OF COLUMBIA
COUNTY, IN THE STATE OF FLORIDA, CITY OF LAKE CITY, LOCATED IN THE USA.
AffordaPixel.com
makes no representations whatsoever about any other
web site which you may access through this one or which may link to
this Site. When you access a non-AffordaPixel.com web site, please
understand that it is independent from AffordaPixel.com, and that
AffordaPixel.com has no control over the content on that web site. In
addition, a link to a AffordaPixel.com web site does not mean that
AffordaPixel.com endorses or accepts any responsibility for the
content,
or the use, of such web site.
3.
Indemnification.
You
agree to indemnify, defend and hold harmless AffordaPixel.com, its
officers, directors, employees, agents, licensors, suppliers and any
third party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing
the Service. 4.
Third Party Rights. The
provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of AffordaPixel.com and its
officers, directors, employees, agents, licensors, suppliers, and any
third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
5.Term;
Termination.
This
Agreement may be terminated by either party without notice at
any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall
survive any termination of this Agreement.
6.Miscellaneous.
This
Agreement shall all be governed and construed in accordance
with the laws of The United States of America applicable to agreements
made and to be performed in The United States of America. You agree
that any legal
action or proceeding between AffordaPixel.com and you for any purpose
concerning this Agreement or the parties' obligations hereunder
shall be brought exclusively in a federal or state court of competent
jurisdiction sitting in The United States of America . Any cause of
action or claim you
may have with respect to the Service must be commenced within one
(1) year after the claim or cause of action arises or such claim or
cause of action is barred. AffordaPixel.com's failure to insist upon or
enforce strict performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice shall act to
modify any provision of this Agreement. AffordaPixel.com may assign
its rights and duties under this Agreement to any party at any time
without notice to you.
Any rights not
expressly granted herein
are reserved.
COPYRIGHT NOTICE.© 1999-2006 PriorityDigital.com
Prepared for: AffordaPixel.com ,All rights reserved.
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